著者

和田 仁孝

出版者

日本法社会学会

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.1991, no.43, pp.22-30,232, 1991

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This paper examines the conditions on which small Claim litigation process canbe more favorably accepted by lay litigants. The point is that, beyond the role of legal decision-malcer, judges should give emotional support lay litrgauts to help them establish theiv own strnctnred idea of their problems. In order to make this judge's newrole workable, followiny alternative perceptions on litigation, lawyers and small claim cases must be emphasized:<br>1) litigation as a process of transformation of each litigants idea of his problem, <br>2) judge as dispnte processor or negotiator (not as "legal" profession), <br>3) small claim case as a complex which consists of emotioual, societal and legal problems.